cover
Contact Name
Abd Kahar Muzakki
Contact Email
muzakkir.abd.kahar@gmail.com
Phone
+6282291222637
Journal Mail Official
sovereign.sijl@gmail.com
Editorial Address
Jl. Muh. Jufri No. 1 Tallo, Makassar, Sulawesi Selatan, Indonesia, 90215
Location
Kota makassar,
Sulawesi selatan
INDONESIA
Sovereign: International Journal of Law
ISSN : -     EISSN : 27218252     DOI : https://doi.org/10.37276/sijl.v4i3
Core Subject : Social,
Sovereign: International Journal of Law is a scientific publication published every January – March, April – June, July – September, and October – December. The published article is the result of selection with a double-blind review system. Sovereign: International Journal of Law accepts manuscripts in the form of empirical research results, doctrinal studies, conceptual ideas, and book reviews relevant to the Legal Studies Discipline. In addition, the Editor of Sovereign: International Journal of Law processes manuscripts that have never been published before.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
Penilaian Efektivitas Fungsi Kepolisian dalam Penanggulangan Kekerasan terhadap Anak: Studi Kasus di Polrestabes Kota Makassar Syah, Syamsoe Alam; Pawennei, Mulyati; Zainuddin, Zainuddin
Sovereign: International Journal of Law Vol 6 No 1-2 (2024): Januari – Juni
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sijl.v6i1-2.50

Abstract

This research aims to identify and analyze the effectiveness of the police function, and the factors influencing this effectiveness, in combating criminal acts of violence against children. This study falls under the category of empirical legal research, emphasizing field research supported by data and interview results. The research was conducted in Makassar City. The findings indicate that both non-penal and penal measures undertaken by the Makassar City Police Headquarters are considered effective in combating criminal acts of violence against children. Furthermore, eight factors related to these non-penal and penal measures were identified: legal structure, legal substance, legal culture, legal knowledge, legal awareness, facilities and infrastructure, social environment, and family economy. However, these factors were assessed as having a limited influence on the efforts to combat criminal acts of violence against children occurring in Makassar City. It is recommended that the police optimize their penal and non-penal efforts while concurrently addressing the factors influencing their performance and function, in order to minimize criminal acts of violence against children in the future.
Efektivitas dan Faktor Penentu Skema Perdamaian dalam Penyelesaian Kepailitan: Analisis Kasus No. 10/Pdt.Sus-PKPU/2018/PN.Niaga.Mks Natsir, Muthmainnah; Husen, La Ode
Sovereign: International Journal of Law Vol 6 No 3-4 (2024): Juli – Desember
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sijl.v6i3-4.51

Abstract

This research aims to analyze the efficacy of bankruptcy resolution achieved through composition schemes within the Makassar Commercial Court, along with the determinants affecting such efficacy. Employing a qualitative descriptive approach, this study integrates normative and empirical legal research methodologies. The research was conducted at the Makassar Class IA District Court. Data collection techniques involved interviews, documentation review, and literature review. Collected data were analyzed using qualitative data analysis techniques. Findings reveal that bankruptcy cases within the Makassar Commercial Court are predominantly resolved via composition schemes. This method is perceived as highly effective, and its process is consistent with Law Number 37 of 2004. The role of the curator, under the supervision of the supervisory judge, facilitates the reaching of agreements between debtors and creditors to resolve their debts relatively quickly, at a lower cost, and through a process perceived as less complex. However, several determinants act as constraints, negatively impacting resolution via composition, including varying educational levels among stakeholders, limited understanding of Law Number 37 of 2004, the heavy caseload often managed by individual curators, and the prevalence of a ‘gengsi’ (prestige-saving) culture. Therefore, public legal education and awareness initiatives are necessary, particularly targeting the business community, to enhance legal awareness and comprehension concerning the process and potential efficacy of bankruptcy resolution through composition within the Makassar Commercial Court, pursuant to Law Number 37 of 2004. Furthermore, in light of potentially increasing bankruptcy filings, the Makassar Commercial Court should consider increasing the number of appointed curators to facilitate more efficient and timely case resolution.
Rekonstruksi Sebagai Proses Penyidikan Kasus Pembunuhan: Mengkaji Fungsi dan Kendala di Kepolisian Resor Takalar Kurniawan, Irsan
Sovereign: International Journal of Law Vol 6 No 3-4 (2024): Juli – Desember
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sijl.v6i3-4.52

Abstract

This research aims to assess the functions of reconstruction and the impediments encountered in its application within the investigation process for homicide cases. Employing a qualitative descriptive approach, this research utilizes both normative and empirical legal research methods. The research was conducted within the legal jurisdiction of the Takalar Resort Police. Data collection techniques included interviews, documentation, and literature study. The collected data were analyzed using qualitative data analysis techniques. Research findings reveal that the function of reconstruction in homicide investigations is to substantiate existing evidence, encompassing witness testimony through to the suspect’s statement, thereby bolstering investigator certainty in identifying the suspect. However, several impediments impede the execution of reconstruction, notably the limited operational funds available, especially for conducting reconstructions at the crime scene. Additionally, the volatile emotional state of the community can disrupt the reconstruction process and endanger the suspect. Furthermore, uncooperative suspects can also impede its execution. Clarification within Law Number 8 of 1981 is necessary regarding the status of the reconstruction report as admissible legal evidence. Moreover, police investigators are expected to exhibit professionalism when conducting the evidentiary process within homicide investigations.
Efektivitas dan Hambatan dalam Pengadaan Tanah untuk Aset yang Disengketakan: Studi Kasus pada PT Pelindo Regional 4 Makassar Pananrang, Akbar Tenritetta
Sovereign: International Journal of Law Vol 6 No 3-4 (2024): Juli – Desember
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sijl.v6i3-4.53

Abstract

This study aims to analyze the effectiveness of implementing land acquisition for public interest involving disputed assets at PT Pelindo Regional 4 Makassar, as well as the factors influencing said effectiveness. Employing a quantitative descriptive approach, this research utilized both normative and empirical legal methodologies. The study was conducted in Makassar City. Data collection techniques included questionnaires, documentation, and literature study. The collected data were analyzed using quantitative data analysis techniques and presented through frequency distribution tables. Research findings indicate that the land acquisition for public interest involving disputed assets at PT Pelindo Regional 4 Makassar has been carried out in accordance with applicable laws and regulations. However, its implementation has not achieved full effectiveness, particularly concerning the following activities: the inventory and identification of land tenure, ownership, use, and utilization; compensation assessment; compensation disbursement; and land relinquishment. Furthermore, four factors were found to influence the effectiveness of implementing this land acquisition: legal substance, legal culture, facilities and infrastructure, and community legal awareness.
Faktor-faktor yang Mempengaruhi Optimalisasi Penyidikan Kecelakaan Lalu Lintas: Studi Kasus pada Polrestabes Makassar Ekapriani, Ekapriani
Sovereign: International Journal of Law Vol 6 No 3-4 (2024): Juli – Desember
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sijl.v6i3-4.54

Abstract

This research aims to examine the optimization of the implementation of traffic accident criminal investigations at the Makassar City Police Headquarters, as well as the factors influencing said optimization. The research methodology employed a combination of normative and empirical legal research. Data collection was conducted using three methods: questionnaires, documentation, and literature study. The research sample, determined using a purposive sampling technique, comprised 35 individuals. The obtained data were quantified using a quantitative descriptive analysis model and subsequently presented through frequency distribution tables. The research results indicate that the optimization of traffic accident criminal investigations at the Makassar City Police Headquarters is largely achieved through Alternative Dispute Resolution (ADR). Several factors influence the implementation of investigations, including the legal substance factor, legal structure factor, legal culture factor, public legal awareness factor, and the facilities and infrastructure factor. These five factors significantly affect the implementation of traffic accident criminal investigations. It is recommended that the police enhance their responsiveness in the processes of securing evidence, handling victims, and apprehending perpetrators, thereby ensuring legal certainty and justice. Furthermore, an increase in the number of Traffic Unit police personnel at the Makassar City Police Headquarters is deemed necessary, considering the high rate of accidents and the extensive geographical area of Makassar City.
Peran Petugas Pemasyarakatan dalam Penegakan Hukum terhadap Warga Binaan: Studi Kasus pada Lembaga Pemasyarakatan Kelas 2 Parepare Haskari, Haskari; Muzakkir, Abd. Kahar
Sovereign: International Journal of Law Vol 6 No 3-4 (2024): Juli – Desember
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sijl.v6i3-4.55

Abstract

This study aims to examine the role of officers at Parepare Class 2 Correctional Institution in law enforcement towards inmates, as well as the factors influencing that role. This research utilizes an empirical legal research approach. Data collection was conducted using three methods: questionnaires, interviews, and observation. The research sample, consisting of 35 individuals, was determined using saturated sampling and proportionate stratified sampling techniques. The collected data were assessed for validity and subsequently analyzed qualitatively. The findings show that the role of officers at Parepare Class 2 Correctional Institution in law enforcement towards inmates is adequate. This is evidenced by the alignment of key indicators with the collected data, such as in religious guidance and skills training for inmates. Several factors influence the role of correctional officers, including officer integrity, facilities and infrastructure, and inmate awareness. These three factors significantly affect the role of correctional officers in implementing rehabilitation programs for inmates at Parepare Class 2 Correctional Institution. It is recommended that correctional officers receive training to enhance their professional development, leading to improved inmate rehabilitation. Furthermore, it is suggested that the Head of Parepare Class 2 Correctional Institution enhance facilities and infrastructure and establish more cooperation with government agencies and Small and Medium Enterprises (SMEs) to improve inmate skills at Parepare Class 2 Correctional Institution.
Paradoks Negara Hukum: Refleksi Kritis atas Dialektika Wacana dan Realitas Pemberantasan Korupsi di Indonesia Pawe, Taufan; Husen, La Ode; Muzakkir, Abd. Kahar
Sovereign: International Journal of Law Vol 7 No 1-2 (2025): Januari – Juni
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sijl.v7i1-2.56

Abstract

Although Indonesia is constitutionally a rule-of-law state as enshrined in Article 1(3) of the 1945 Constitution, the persistence of systemic corrupt practices, as reflected in the stagnant Corruption Perception Index score, indicates a fundamental paradox. This article aims to conduct an in-depth critical analysis of this paradox by dissecting the dialectic between the normative anti-corruption discourse and the realities of political pragmatism and socio-cultural logic. Employing a normative legal research method enriched by an interdisciplinary approach—encompassing constitutional philosophy, political law, and the sociology of law—this study analyzes legal products such as Law Number 31 of 1999 and Law Number 30 of 2002 as manifestations of the existing tension. The analysis reveals that contesting interests in the legislative and political process has produced a normative ambivalence. This ambivalence, in turn, leads to neutralizing the effectiveness of Law Number 31 of 1999 when it confronts socio-cultural realities, thereby creating a systemic law enforcement anomaly. In conclusion, the resolution to this paradox demands a reconstruction of the meaning of a rule of law state transcending juridical formalism, requiring a progressive synthesis that revitalizes the spirit of substantive justice within the constitution as the foundation for all policy and law enforcement.

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